The Arizona Senate is set to vote on repealing the state’s 160-year-old near-total abortion ban, following a recent decision by the state Supreme Court to revive the law. Democrats need two Republican senators to support the repeal in order for it to pass. Republican Senators Shawnna Bolick and T.J. Shope have indicated their support for overturning the ban, and have previously voted with Democrats to advance the repeal legislation.
Last week, three Republicans in the state House joined with all 29 Democrats to repeal the ban, which prohibits abortion at all stages of pregnancy except to save the life of the mother and imposes prison sentences on abortion providers. If the Senate approves the repeal and Democratic Governor Katie Hobbs signs it into law, the state’s 15-week limit on abortion would remain in effect. This restriction, implemented in 2022, does not include exceptions for rape and incest.
Republicans, who hold one-seat majorities in both the state House and Senate, are under pressure to repeal the pre-Roe ban, also known as the territorial ban. Prominent Republicans such as former Governor Doug Ducey, former President Donald Trump, and Senate candidate Kari Lake have urged the legislature to moderate the ban. If repealed, the immediate future of abortion access in Arizona is uncertain, as the court’s decision to revive the ban has been stayed until at least June 27.
The Civil War-era ban was established in 1864 and formally enacted in 1901, before Arizona became a state in 1912. The law was in effect until 1973 when it was halted by a court order following the Roe v. Wade decision. Months before Roe was overturned in June 2022, Arizona passed a 15-week limit on abortion. The state Supreme Court ruled on April 9 that the pre-Roe ban should be reinstated as state law.
For abortion rights advocates, the potential repeal of the ban represents the culmination of years of activism. Democrats have been pushing for the repeal since 2019. However, they argue that the 15-week limit with no exceptions for rape or incest remains unpopular. They plan to target vulnerable House Republicans who have supported anti-abortion measures.
While Republicans believe that the 15-week limit is a more palatable compromise, some acknowledge that there may still be fallout from the repeal of the territorial ban. Arizona is a key battleground state in presidential and US Senate races, with several closely contested US House and state legislature races. Democrats have not controlled both legislative chambers since the 1960s. Abortion rights advocates are also working on a ballot initiative to protect abortion rights in the state constitution, despite potential repeal of the ban.
Abortion opponents have strongly opposed the repeal of the ban, with some Republican lawmakers expressing disappointment and frustration. However, supporters of the repeal view it as a victory and a step towards protecting reproductive rights in the state. The outcome of the vote in the Senate and the potential impact on upcoming elections in Arizona remain uncertain.
